Common use of Public Roads Clause in Contracts

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner acknowledges that it must comply with all applicable state statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and the City in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and the City acknowledge and agree that Owner will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Developer. The City agrees to cooperate with Owner in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City as

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner acknowledges that it must comply with all applicable state statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and the City in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and the City acknowledge and agree that Owner will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Developer. The City agrees to cooperate with Owner in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City asas negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental impacts to wetlands or other environmentally sensitive areas, to stay within existing

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner acknowledges that it must comply with all applicable state statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and and/or the City in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and the City acknowledge and agree that Owner will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Developer. The City agrees to cooperate with Owner in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City asas negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental